Law Amending and Supplementing Certain Articles of the Anti-Corruption Law No. 27/2012/QH13

LAW

Amending and Supplementing Certain Provisions of the Law on Prevention and Combating Corruption

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Combating Corruption number 55/2005/QH11 which has been amended and supplemented certain provisions according to Law number 01/2007/QH12,

Article 1.

Amending and Supplementing Certain Provisions of the Law on Prevention and Combating Corruption:

b) FOR TENDER PACKAGES NOT COVERED BY THE ABOVE POINT a, THE AUTHORITY WITH THE POWER TO APPROVE THE PRIVATIZATION PLAN SHALL DECIDE TO ORGANIZE A TENDER TO SELECT THE UNIT TO PROVIDE VALUATION SERVICES ACCORDING TO THE LAWS."

"2. In cases where the law does not provide for forms of public disclosure, the head of the agency, organization, or unit must implement one or more forms of public disclosure specified in points b, c, d, đ, and e of Clause 1 of this Article. Additionally, the head of the agency, organization, or unit may choose additional forms of public disclosure specified in point a and point g of Clause 1 of this Article."

2. Point b Clause 2 Article 13 is amended and supplemented as follows:

"b) List of projects awarded through direct assignment, reasons for direct assignment, information about the assigned contractor; list of restricted bidding projects, contractors participating in restricted bidding, shortlist of contractors participating in restricted bidding, reasons for restricted bidding, and results of selecting contractors;"

3. Article 14 shall be amended and supplemented as follows:

"Article 14. Public Disclosure and Transparency in Project Management and Construction

1. In project management and construction, the following contents must be publicly disclosed:

a) Feasibility study reports, preliminary feasibility study reports, economic and social impact assessment reports; objectives, expected outcomes, key activities, and beneficiaries during the project planning process;

b) Decisions approving the project, implementation plans for the project;

c) Progress reports, implementation result reports, evaluation reports, and final project reports.

2. Planning investment and construction projects must seek opinions from local residents regarding the contents specified in point a of Clause 1 of this Article. After approval, they must be publicly disclosed regarding the contents specified in points b and c of Clause 1 of this Article.

3. Investment and construction projects funded from local budgets must be reviewed and decided upon by the People's Council.

4. After being decided and approved, investment and construction projects must be publicly disclosed regarding the contents specified in points b and c of Clause 1 of this Article so that the people can supervise."

4. Supplementary Clause 7 of Article 15 as follows:

"7. Tax agencies, customs agencies, and other agencies, organizations, or units collecting fees and charges must disclose the basis for calculating the amount collected, actual collection amounts, exemptions and reductions, and the basis for exempting and reducing budget revenues."

5. Article 18 is amended and supplemented as follows:

"Article 18. Public Disclosure and Transparency in State-Owned Enterprise Management

1. State-owned enterprises have the responsibility to publicly disclose the following contents:

a) State capital and assets invested in the enterprise;

b) Capital and assets of the enterprise invested in subsidiaries and associated companies;

c) Investments outside the main business areas;

d) Preferential loans;

đ) Financial statements and audit reports;

e) Establishment and use of funds by the enterprise;

g) Appointment of leadership positions;

h) Names, duties, salaries, and other income of members of the Board of Members, Board of Directors, General Director, Deputy General Director, Director, Deputy Director, Inspector, Chief Accountant.

2. Annually, state-owned enterprises established by the Prime Minister must report in writing the contents specified in Clause 1 of this Article to the Ministry of Finance, the competent ministry overseeing the main business area, and the Government Inspectorate.

Annually, state-owned enterprises established by a minister must report in writing the contents specified in Clause 1 of this Article to the Ministry of Finance, the competent ministry overseeing the main business area, the Government Inspectorate, and the inspectorate of the principal ministry.

Annually, state-owned enterprises established by the Chairman of the Provincial People's Committee or the People's Committee of a centrally governed city must report in writing the contents specified in Clause 1 of this Article to the Department of Finance, the department overseeing the main business area, and the provincial or centrally governed city inspectorate.”

6. Clause 1 and Clause 2 of Article 19 are amended and supplemented as follows:

"1. The privatization of state-owned enterprises must be transparent; it cannot be conducted in a closed manner within the enterprise. Enterprises undergoing privatization have the responsibility to publicly disclose financial statements, audit reports, privatization plans, and privatization schemes.

2. Agencies appointing state representatives in enterprises have the responsibility to publicly disclose the value of the enterprise being privatized and any adjustments to the enterprise value (if applicable)."

7. Article 21 is amended and supplemented as follows:

"Article 21. Transparency in natural resources and environmental management

1. In the field of land, the following contents must be transparent and publicized:

a) Land planning and land use plans. During the process of establishing and adjusting land planning and land use plans, the agencies and organizations responsible for such planning and plans must make them known to the local people where the planning and adjustments apply;

b) Land planning and land use plans, land expropriation, clearance of land surfaces, compensation levels, support, and resettlement when land is expropriated after being decided, approved, or adjusted by competent state authorities;

c) Procedures, formalities, authority, and issuance of land use right certificates; detailed planning and subdivision of residential plots, and the subjects eligible to be allocated land for housing;

d) Financial revenues for the state budget from land management and use, and exemptions and reductions in land use fees and lease payments.

2. In the field of minerals and water resources, the following contents must be transparent and publicized:

a) Mineral planning;

b) Procedures, formalities, authority, and issuance, extension, and revocation of permits for mineral activities, procedures for reviewing and approving mineral reserves, and closing down mineral mines;

c) Auctioning of mineral exploitation rights and demarcation of areas prohibited and temporarily prohibited from mineral activities, and financial revenues to the state budget from mineral management, exploitation, and use;

d) Procedures, formalities, authority, and issuance, extension, and revocation of permits for exploration, exploitation, and use of water resources, and discharge of wastewater into water sources.

3. In state management of the environment, the following contents must be transparent and publicized:

a) Conditions for practicing professions and procedures for preparing, registering, and issuing licenses for managing waste, and management codes for waste;

b) Procedures, formalities, review, and approval of environmental impact assessment reports; decisions approving environmental impact assessment reports;

c) Planning for collection, recycling, and treatment of waste."

8. Clause 2 and Clause 3 of Article 23 shall be amended and supplemented as follows:

"2. Educational management agencies must publicize the management and use of the state budget, state assets, infrastructure, staff, civil servants, and human resources for educational activities; financial support, investments in education, and other income as prescribed by law.

Publicly funded educational institutions must publicize their commitments to educational quality and results of educational quality assessments; conditions ensuring educational quality; the collection, management, and use of tuition fees, admission fees, income from advisory services, technology transfer, financial support, investments in education, and other financial income and expenditures as prescribed by law."

9. Add Article 26a after Article 26 as follows:

"Article 26a. Transparency in cultural, information, and communication fields

In the fields of culture, information, and communication, the following contents must be transparent and publicized:

1. The establishment and approval of planning and programs for culture, information, and communication;

2. Procedures, formalities, authority, and issuance, extension, and revocation of permits for activities in the fields of culture, information, and communication."

10. Add Article 26b after Article 26a as follows:

"Article 26b. Transparency in the agricultural and rural development sector

In the agricultural and rural development sector, the following contents must be made public and transparent:

1. Policies encouraging agriculture, forestry, fisheries, and programs for agricultural and rural development;

2. Planning and development plans for forests; conditions, procedures, and formalities for transferring forest land, leasing forest land, recovering forest land, changing the purpose of forest land use, registering rights to use forest land;

3. Procedures, formalities, authorities, and issuance and revocation of permits for operating plant protection chemicals, veterinary drugs, processing agricultural, forestry, aquatic, and marine products."

11. Supplement Article 26c after Article 26b as follows:

"Article 26c. Transparency in implementing social security policies

In the implementation of social security policies, the following contents must be made public and transparent:

1. Conditions, standards of beneficiaries, benefit levels; procedures, formalities, and authorities in implementing social insurance, health insurance, social assistance, preferential policies for persons with meritorious service;

2. Implementation of social insurance, health insurance, social assistance, preferential policies for persons with meritorious service."

12. Supplement Article 26d after Article 26c as follows:

"Article 26d. Transparency in implementing ethnic policies

In the implementation of ethnic policies, the following contents must be made public and transparent:

1. Conditions, standards of beneficiaries, benefit levels; procedures, formalities, and authorities in implementing ethnic policies in areas with ethnic minority groups facing difficulties, particularly severe difficulties;

2. Implementation of programs and projects in areas with ethnic minority groups facing difficulties, particularly severe difficulties; 3. Reports on the results of implementing ethnic policies."

13. Clause 2 of Article 27 is amended and supplemented as follows:

"2. The following documents and decisions must be made public, except where otherwise provided by law:

a) Decisions on inspection, inspection conclusions, decisions on handling inspection matters;

b) Decisions on resolving complaints;

c) Conclusions on reported content, decisions on handling reported violations;

d) Audit reports; reports on the implementation of audit conclusions and recommendations of the State Audit Agency."

14. Article 30 is amended and supplemented as follows:

"Article 30. Transparency in personnel work

In personnel work, the following contents must be made public and transparent:

1. Recruitment of civil servants, public officials, and other employees into agencies, organizations, and units;

2. Planning, training, capacity building, and evaluation of civil servants, public officials, and public employees;

3. Appointment, dismissal, removal, demotion, termination of employment, and removal from positions for civil servants, public officials, and public employees;

4. Rank transfer, promotion, rotation, transfer, and secondment of civil servants, public officials, and public employees;

5. Salary increase, rewards, commendations, and disciplinary actions for civil servants, public officials, and other employees;

6. Establishment, merger, division, splitting, and dissolution of subordinate units."

15. Clause 3 of Article 32 is amended and supplemented as follows:

"3. Within ten days from the date of receipt of the request, the person requested must provide information; if not provided or the requested content has already been made public, they must inform the requester."

16. Supplement Article 32a after Article 32 as follows:

"Article 32a. Duty to Provide Explanations

1. When requested, competent state agencies must provide explanations about their decisions and actions in performing assigned tasks and powers before agencies, organizations, and individuals whose legitimate rights and interests are directly affected by such decisions and actions.

2. The Government shall specify details regarding the duty of agencies obligated to provide explanations; the procedures and formalities for providing explanations.

17. Supplement Article 46a following Article 46 as follows:

"Article 46a. Public Disclosure of Property Declarations

The public disclosure of property declarations by persons obligated to declare shall be carried out as follows:

1. The property declaration of a person obligated to declare must be publicly disclosed within the agency, organization, or unit where that person regularly works.

The authority managing cadres, civil servants, and public officials decides on the method of public disclosure through announcement at a meeting or posting the declaration at the workplace of the agency, organization, or unit. The disclosure period shall be from January 1 to March 31 each year. In cases of posting, it must ensure a minimum continuous period of thirty days;

2. The property declaration of candidates for National Assembly deputies and People's Council representatives must be publicly disclosed at the voter meeting where they work. The time and method of disclosure shall be implemented according to the regulations of the Election Council;

3. The property declaration of persons expected to be elected, approved, appointed, or confirmed by the National Assembly or People's Council must be disclosed to National Assembly deputies and People's Council representatives during the session. The time and method of disclosure shall be implemented according to the regulations of the Standing Committee of the National Assembly and the Standing Committee of the People's Council.

18. Supplement Article 46b following Article 46a as follows:

"Article 46b. Obligation to Explain the Source of Increased Property

1. Persons declaring property have the obligation to explain the source of the increased property as stipulated in Clause 2 of Article 44 of this Law.

2. The Government shall specify the value threshold of increased property and the method of determining its value, the authority to request explanations, the responsibility of the explainer, and the procedures and formalities for providing explanations.

19. Amend and supplement Article 47 as follows:

"Article 47. Verification of Property

1. The basis for verifying property includes:

a) When there is a complaint about the lack of truthfulness in the declaration of property by persons obligated to declare;

b) When additional information is needed to serve the election, appointment, dismissal, removal, or disciplinary action against persons obligated to declare property;

c) When there is evidence suggesting that the explanation of the source of increased property is unreasonable;

d) When there is a request from competent agencies, organizations, or individuals as specified in Article 47a of this Law.

2. When there is one of the bases specified in Clause 1 of this Article, the authority managing cadres, civil servants, and public officials obligated to declare property shall issue a decision to verify property.

20. Supplement Article 47a following Article 47 as follows:

"Article 47a. Authority to Request Verification of Property

1. When there is one of the bases specified in Points a, b, and c of Clause 1 of Article 47 of this Law, the following agencies, organizations, or individuals have the right to request the authority managing cadres, civil servants, and public officials to issue a decision to verify property:

a) The Standing Committee of the National Assembly and the Standing Committee of the People's Council have the right to request verification of property for persons expected to be elected or approved by the National Assembly or People's Council;

b) The permanent bodies of political organizations and political-social organizations have the right to request verification of property for persons expected to be elected at the congress of political organizations and political-social organizations;

c) The Prime Minister, Chairperson of the Provincial People's Committee, and Chairperson of the District People's Committee have the right to request verification of property for persons expected to be elected by the People's Council;

d) The Election Council, Election Committee, or the Vietnam Fatherland Front Committee have the right to request verification of property for candidates for National Assembly deputies and People's Council representatives;

đ) The President has the right to request verification of property for persons expected to be appointed Deputy Prime Minister, Minister, Head of a ministry-level agency, Deputy Chief Justice of the Supreme People's Court, Judge of the Supreme People's Court, Deputy Prosecutor General of the Supreme People's Procuracy, or Prosecutor of the Supreme People's Procuracy;

e) The Standing Committee of the National Assembly has the right to request verification of property for persons expected to be appointed Deputy State Auditor General.

2. Inspection agencies, the State Audit Office, investigation agencies, the Procuracy, and other competent agencies or organizations have the right to request verification of property if, during the process of inspection, audit, investigation, or prosecution, there is a conclusion regarding the responsibility of persons obligated to declare property related to acts of corruption.

21. Supplement Clause 6 of Article 48 as follows:

"6. The Government shall specify the detailed procedures and formalities for verifying property."

22. Supplement Article 53a to Section 5, Chapter II before Article 54 as follows:

"Article 53a. Responsibilities of the Head of an Agency, Organization, or Unit in Temporarily Suspending Employment or Temporarily Transferring to Another Position for Civil Servants, Public Officials, and Employees

1. When there is evidence indicating that civil servants, public officials, or employees have committed acts violating laws related to corruption, the head of the agency, organization, or unit, within their authority, or upon the request of those with the authority to manage civil servants, public officials, and employees, shall temporarily suspend employment or temporarily transfer them to another position to investigate and clarify the act of corruption if it is deemed that continuing their work may hinder the examination and handling of the case.

2. The head of the agency, organization, or unit, or those with the authority to manage civil servants, public officials, and employees must consider temporarily suspending employment or temporarily transferring to another position when receiving requests from the State Audit Office, the State Inspectorate, the investigation agency, or the Prosecution Office if during the audit, inspection, investigation, or prosecution process, there is evidence suggesting that they have committed acts of corruption to investigate and clarify such acts.

3. The head of the agency, organization, or unit, or those with the authority to manage civil servants, public officials, and employees must revoke the decision and publicly notify all civil servants, public officials, and employees about the revocation of the temporary suspension of employment or temporary transfer to another position and restore their legitimate rights and interests after the competent authority concludes that they did not commit acts of corruption.

4. The Government shall provide detailed regulations on the procedures, formalities, duration of temporary suspension, and transfer to another position; the entitlement to salary, allowances, other rights, and interests; and compensation and restoration of legitimate rights and interests of civil servants, public officials, and employees after the competent authority concludes that they did not commit acts of corruption."

23. Clause 4 of Article 55 is amended and supplemented as follows:

"4. The audit conclusion, audit report, investigation conclusion of corruption cases must clearly state the responsibility of the head of the agency, organization, or unit for the occurrence of acts of corruption at the following levels:

a) Weakness in management capacity;

b) Lack of responsibility in management;

c) Shielding those who commit acts of corruption.

The conclusions and reports must be sent to the agencies, organizations, or individuals with the authority to manage personnel."

24. Article 77 is amended and supplemented as follows:

"Article 77. Responsibilities of the State Audit Office

Within its scope of duties and powers, the State Audit Office has the responsibility to organize and implement audits aimed at preventing, detecting, and cooperating in handling acts of corruption; in cases where acts of corruption are discovered, the relevant files shall be transferred to the investigation agency, the Prosecution Office, or the competent agency or organization for handling."

25. Abolish Article 73.

Article 2.

1. This Law takes effect from February 1, 2013.

2. The Government shall provide detailed regulations and guidance on implementing the provisions added in this Law.This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, fourth session, on November 23, 2012./.

                (Signed)